Neutral Citation No. - 2025:AHC-LKO:22214 Court No. - 14 Case :- APPLICATION U/S 483 No. - 292 of 2025 Applicant :- Sangeeta Verma @ Sangeeta Opposite Party :- State Of U.P. Thru. Addl. Chief Prin. Secy. Home Lko. And 4 Others Counsel for Applicant :- Anuj Kumar Mishra,Anurag Mishra Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. Heard. Present application has been preferred under Section 483 Cr.P.C./529 B.N.S.S. with following main prayer:-. "For the facts, reason and circumstances as stated in accompanying affidavit, duly supported with an affidavit, it is most respectfully prayed that this Honble Court may graciously be pleased to direct the court of Learned Civil Judge (Senior Division) FTC/A.C.J.M., Sultanpur to decide the application dated 10.07.2024 pending in the criminal case No. 466 of 2023 "State Vs. Dayashankar and others" arising out of Case Crime No.47/2017 under section 323, 324, 504, 506, 427, 452, 325, 308 of I.P.C. relating to Police Station - Karaundikala, District Sultanpur, expeditiously, which is pending before him, within stipulated time period in the interest of justice. (Annexure No. 4)." Learned counsel for the applicant has submitted that applicant, who is the complainant, has moved an application for initiation of proceedings under Section 83 against one Shri Pramod- respondent no. 3, as he is not appearing despite the proclamation has already been issued against him under Section 82 Cr.P.C. On the application of the applicant, the concerned Magistrate called a report from the concerned Police and the mater is still pending, so some direction may be issued for expeditious disposal of the application dated 10.07.2024 preferred by the applicant. On the other hand, learned AGA has raised a preliminary objection regarding maintainability of the present application under Section 483 Cr.P.C./529 B.N.S.S. and has submitted that earlier also applicant had approached this Court by moving an Application Under Section 483 Cr.P.C. No. 490 of 2024 Sangeeta Verma@ Sangeeta Vs. State of U.P. and others in which judgment and order dated 25.07.2024 has been passed. The relevant part of the said judgment is being reproduced hereinbelow:- "Considering the facts and circumstances of the case indicated in the application particularly the period of pendency of the criminal case in issue, which is pending since 2017, the present application, is disposed of with direction that for expeditious disposal of the case, trial court shall do needful in the matter in the light of the observations made by the Hon'ble Apex Court in various pronouncements including in the case(s) of Hussainara Khatoon vs. Home Secretary, State of Bihar; 1979 AIR 1369; Abdul Rehman Antulay & Others vs. R.S.Nayak & Another; (1992) 1 SCC 225; according to which, the right to speedy trial is implicit under Article 21 of the Constitution of India and trial should be concluded expeditiously. With the aforesaid, the instant application under Section 483 Cr.P.C. is disposed of." It is further submitted that the application moved by the applicant before the court concerned for initiating proceedings under Section 83 Cr.P.C. includes the part of the proceedings and for expeditious disposal of the case the direction of this Court is already there by judgment and order dated 25.07.2024 and in case there is non compliance of the judgment and order passed by this Court dated 25.07.2024, the applicant has remedy to file contempt petition before this Court. After hearing learned counsel for the parties and going through the record of the case, it is found that earlier also a judgment and order dated 25.07.2024 has been passed by this Court for early disposal of the trial and any application filed in between before the court concerned also covers by the direction issued by this Court dated 25.07.2024 and in case, the applicant is still aggrieved that the judgment and order dated 25.07.2024 is not being complied with, he may avail the remedy, which may be available to him under law. As such, the present application is not maintainable and thus, dismissed, however, it is open for the applicant to avail the remedy, as may be permissible under the law. Order Date :- 21.4.2025 Ashish Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench